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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 04/22/2019 (2)Unless otherwise noted, the Land Use and Planning Board meets at 7 p.m. on the second and fourth Mondays of each month in Kent City Hall, Council Chambers West and East, 220 Fourth Ave S, Kent, WA 98032. Documents pertaining to the Land Use and Planning Board may be accessed at the City’s website: http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Land Use and Planning Board Workshop Agenda Board Members: Paul Hintz, Chair; Katherine Jones, Vice Chair; Gwen Allen-Carston; Shane Amodei; Frank Cornelius; Dale Hartman; Ali Shasti April 22, 2019 7 p.m. Item Description Action Speaker Time 1.Call to order Chair Hintz 1 min 2.Roll call Chair Hintz 1 min 3.Changes to the Agenda Chair Hintz 1 min 4.Approval of March 25, 2019 Minutes YES Chair Hintz 1 min 5.Board Business – Elections and By-Laws NO Hayley Bonsteel 5 min 6.Housekeeping Code Amendments NO Sara Ullman 15 min 7. 8. Sign Code Amendments Adjournment NO NO Kaelene Nobis Chair Hintz 20 min 1 min Date: March 25, 2019 Time: 7:00 p.m. Place: Council Chambers Attending: Paul Hintz, Kathi Jones, Frank Cornelius, Shane Amodei, Ali Shasti, Danielle Butsick Agenda: 1.Call to Order Paul Hintz called the meeting to order at 7:00 PM 2.Roll Call Gwen Allen-Carston and Dale Hartman Absent 3.Approval of the Minutes Motion to approve the minutes passed 5-0 4.Added Items None. 5.Communications None. 6.Notice of Upcoming Meetings None. 7.LUPB Hearing– Shorline Master Program Update Ms. Butsick introduced the Shorline Master Program update, including where it’s regulations apply, and what activities it regulates. The goal is to achieve no net loss of shoreline ecological function over time. The City of Kent’s SMP is currently under review, as is required every 8 years. Periodic review is to ensure the SMP’s consistency with policy and legislative changes that have occurred since the previous update. Proposed changes include: •References to the critical areas ordinance. •Streamlined wording to simplify the text. •Exemption language for activities that do not require local review. •Minor changes to requirements for native plants. •Removed references to the Panther Lake Annexation, as it is now fully integrated as a part of the City of Kent. •Updates to shoreline environment designations to address mapping error. Deadline for adoption is June 30, which coincides with the grant deadline. Motion to close the hearing made by Frank Cornelius, seconded by Kathi Jones at 7:25 PM. Frank Cornelius moved to recommend to City Council adopt the 2019 Shoreline Master Program Updates as recommended by staff. Shane Amodie Seconds, motion passed 5-0 Samuel M Maloney Planning Technician Economic and Community Development 4 of 212 tl 1 LAND USE AND PLANNING BOARD BY.LAWS We, the members of the Land Use and Planning Board of the City of Kent, State of Washington pursuant to Kent City Code, Chapter 2.57.010, do hereby adopt, publish and declare the following BY-LAWS which shall supersede all other rules and procedures not set by City Ordinance or State Statute. ORGANIZATION AND RULES OF PROCEDURE The official name is "Land Use and Planning Board" as per Kent City Code Chapter 2.57.O10. The official seat of the Board is in the City Hall of the City of Kent, Washington The officers of the Board shall consist of a Chair, Vice-Chair and Secretary. Officers (A) The Chair shall preside over the Board and exercise all powers incidental to the office, retaining however, the full right as a member of the Board to have a vote recorded in all deliberations of the Board, to propose motions and to second motions. (B)The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Board to have a vote recorded in alldeliberations of the Board, to propose motions and to second motions. (c) 2 3 4 (D) (E) The Chair and Vice-Chair both being absent from any meeting, the members present may elect a temporary Chairwho shall have full powers as Chair during the absence of the Chair and Vice-Chair, retaining the full right as a member of the Board to have a vote recorded in all deliberations of the Board, to propose motions and second motions. The Planning Manager will serve as Secretary as per Kent City Code Chapter 2.57.030A. Officers shall be elected at the regular meeting in the 11th calendar month of each year, by a majority vote of the authorized membership of the Board; their terms of office shall run from January 1 following the election meeting until December 31 of the same year, or until a successor has been elected. No Board member shall serve more than two full consecutive terms as Chair of the Board. No member shall serve as Vice-Chair for more than two full consecutive terms. ln the event of a vacancy of any officer, the Board may, at a convenient time selected by a majority present, hold a special election for that position. Any member of the Board is eligible to fill the vacancy. However, if a present officer wins the new position, his present office is considered vacant, as no member can hold two office positions; and, an election should than take place immediately to also fillthat position being vacated. 1of 5 By-Laws Land Use and Planning Board Not withstanding section (E) above, at the initial organization meeting of the Board, the Board shall elect officers to serve to December 31 , 1996. 5. Absences Board members shall notify the Planning Manageror Board Chairwheneverthe memberwill be absent from a workshop, regular or special meeting, providing a reason forthe absence. Failure to do so will result in an unexcused absence. Quorum A quorum shall consist of four (4) members of the Board and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. Votinq (A) (F) 7 6. B (B) The affirmative vote of the majority of those present shall be necessary for the adoption of any motion or other voting matter, unless otheruise specified in these by- laws. For the conduct of business dealing with matters requiring changes in the City's Comprehensive Plan and the election of officers, at least four (4) affirmative votes must be cast. Each member of the Board shall be entitled to one vote but no proxy shall be allowed. Meetinqs (A) Generally there shall be two Land Use and Planning Board meetings each month (1)Meetinqs o n General Planni Matters. On the second Mon day of each (2) month there shall be a workshop meeting of the Board to be held at 7:00 P.M. to discuss general planning matters. No testimony from the public shall be taken at a workshop. Public Hearinq Meetinq. The regular meeting wherein general business, other related business and public hearing items, such as Comprehensive Plan amendments and revisions to codes are heard, shall be held at 7.00 P.M. on the fourth Monday of the month. These scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice- Chair. (3) (4)The order of business shall be: (a) Call to order by Chair. (b) Roll call. (c) Approval of minutes. (d) Added items. (e) Communications. (0 Notice of upcoming rneetings (g) Public hearings. 2o'f5 By-Laws Land Use and Planning Board I (B) Executive sessions, which must be called on motion and majority vote of members present, may be held in accord with the requirements imposed by RCW 42.30.110 and 42.3Q,14O (C) Special meetings and work sessions may be called: (1) By the request of the Chair, or, in the Chair's absence, by the Vice-Chair. (2) By the written request of three or more members of the Board. (3) By sustained motion of the Board. Written notice of all work sessions and special meetings shall be provided to members of the Board. lnformation Sheets lnformation sheets outlining procedures on hearings before the Board shall be made available to the public at the Planning Services office and at the site of the hearing. 10. Conduct of Hearings (A)On all questions of parliamentary procedure not covered in these by-laws, Robert's Rules of Order, as amended, shall govern in the conducting of the meetings of the Board. (B)Upon declaring the opening of a hearing, the Chair shall state the hearing's purpose, ascertain that the Board members present are oriented to the hearing question and hearing review procedure. Speakers will give their name to the Chair before presenting their material; arguments shall be kept to non-repetitive essentials; and diseussion of personalities shall not be tolerated. No questions may be asked by any speaker without prior consent of the Chair. (D)The Land Use and Planning Board will not hear any scheduled agenda item when significant new materials are presented at a Land Use and Planning Board hearing that have not been reviewed by the staff and entered into the staff report. ln such cases, the agenda item will be continued to the next regularly scheduled Land Use and Planning Board public hearing date. New materials must be deposited in the Planning Services office at least ten (10) days prior to the Land Use and Planning Board meeting for which the materials are intended. ndas Staff orts and Min for A copy of the agenda for every regular meeting of the Land Use and Planning Board shall be sent to each member not less than seven (7) days prior to the date of the meeting at which such agenda is to be considered. (c) 11 (A) 3of5 By-Laws Land Use and Planning Board (B)A lication Printed forms to be used for making applications will be made available in the Planning Services office. (c)Minutes and Records. Minutes of all public meetings shallbe kept and made partof a permanent public record along with applications made under provisions of law and the complete files of proceedings and actions taken in connection therewith. The Secretary shall provide the Board with a set of minutes of the previous month's meeting which shall be sent to each Land Use and Planning Board member no later than seven (7) days prior to the next regular meeting of the Land Use and Planning Board. These minutes shall be considered for approval by the Land Use and Planning Board at its next regularly scheduled public meeting and upon approval shall become part of the official record of the action of the Board. 12. Recordins of Minutes All regular and special public meetings of the Land Use and Planning Board where a public hearing is held shall be recorded on a recording machine. 13. TemporarvCommittees The Chair of the Land Use and Planning Board shall have full power to create temporary committees of one or more members and to appoint the members of such committees, charged with such duties as examination, investigation and inquiry relative to one or more subjects of interest to the Board. No temporary committee shall have the power to commit the Board to the endorsement of any plan or program without its submission to the full body of the Board. 14 15 16. Amendinq Bv-Laws These by-laws may be amended at any Land Use and Planning Board meeting by four (4) members of the Land Use and Planning Board. All amendments to the by-laws shall be submitted to the Mayor and City Council for their information. Postinq Agendas, etc. The following shall be posted in a conspicuous place in the City Hall: (A) The agenda shall be posted one week prior to the next meeting. (B) Such other matters as requested by the Board, the Chair, or the Secretary. Code of Conduct Prohibited Acts. Members of the Land Use and Planni ng Board are prohibited from: (1)Acting in a manner which would result in inefficiency, neglect of duty, misfeasance or malfeasance in office. (2) Acting in a manner to intentionally disrupt Board proceedings (A) 4of5 By-Laws Land Use and Planning Board (3)Missing 25o/o or more of the regularly scheduled meetings and workshops in a 12-month period without such absence being excused by the Board. (4)Using his or her position to secure special privileges or exemptions for himself, herself, or others. (5)Directly or indirectly giving or receiving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Kent, for a matter connected with or related to the services as a member of the Land Use and Planning Board, unless othenryise provided by law. (6)Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of his or her seat on the Land Use and Planning Board. (7)Disclosing confidential information gained by reason of his or her membership on the Land Use and Planning Board or othenvise using such information for his or her personal gain or benefit. (B)Violation of Code of Conduct: Whenever a member violates a provision of this Code of Conduct, the Board may reprimand said member by motion or by written document and/or may send a recommendation to the Mayor for dismissal from the Board pursuant to Kent City Code Section 2.57.020D which recommendation shall contain a statement setting forth the violation or violations alleged to have occurred as well as the facts relating to said violation or violations. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Land Use and Planning Board does hereby certify that the above and foregoing by-laws have been duly adopted bythe members of said Board as the by-laws of said Board. ATTEST Charlene Anderson, AICP, Secretary Land Use and Planning Board P:\Planning\LUPB\LUPB-By-Laws_amded-041 904.doc Revised 04-26-04 BY 5of5 ECONOMIC and COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 9, 2019 To: Chair Paul Hintz and Land Use and Planning Board Members From: Sara Ullman, Planner RE: Housekeeping Code Amendments (ZCA-2019-4) For Meeting of April 22, 2019 SUMMARY: The City of Kent considers annual amendments to plans or development regulations that are suggested by interested persons or are in the interest of ensuring city codes are clear, accurate, and consistent. “Housekeeping” amendments identified in 2018 are as follows: 1. Noise Ordinance – correct error to reference zoning districts rather than out dated zones 2. Parking or Storage of Inoperable Vehicles – change wording to enhance clarity and avoid confusion 3. Building Height Definition– clarify that height is measured from “average finished grade” and include a diagram 4. Residential Building Height in SR-8 and MR-D – standardize height in similar residential zones 5. Construction Cost Index Range - no change to the structure of the fee itself, but the construction cost index change for which school impact fees are assessed by, would be measured from August to August, rather than October to October, to allow enough time to adopt the school district’s CFPs with the city budget The attached overview includes more details on the proposed amendments. The amendments correct errors, modify wording to avoid confusion in interpretation, apply a logical standardization of development regulations for similar residential zoning districts, or tweak codified dates to reduce backlogs with other processes. Staff will be available at the April 22, 2019 meeting to provide information and receive feedback from the LUPB. EXHIBITS: Draft Housekeeping Code Amendment Overview BUDGET IMPACT: None CC: Kurt Hanson, Economic & Community Development Director Erin George, Current Planning Manager CA\ct\S:\Permit\Plan\ZONING_OTHER_CODE_AMENDMENTS\2019\ZCA-2019-4 Housekeeping Ordinance\LUPBMemo_4-22-19.doc MOTION: Information Only 2018 DOCKET HOUSEKEEPING CODE AMENDMENT – OVERVIEW INTRODUCTION This code amendment is intended to correct errors and outdated references, modify wording to avoid confusion in interpretation by the public and staff, and apply logical standardization of development regulation for similar residential zoning districts. Code sections to be revised include: •Noise Ordinance •Parking or Storage of Inoperable Vehicles •Building Height Definition •Residential Building Height NOISE ORDINANCE Correct error to reference current zoning districts rather than outdated zones 8.05.080 Zoning classification for EDNA. The following land use zoning classifications as found in the zoning code are assigned the EDNA classification below: Zone EDNA RA, R1, MR-D, MR-M, MR-H, MR- G, MHP, PUD A-10, AG, SR-1, SR-3, SR-4.5, SR-6, SR-8, MR-D, MR-T12, MR-T16, MR-G, MR-M, MR-H, MHP Class A O, NCC, CC, DC, HC, GC, CM Zone EDNA NCC, CC, DC, DCE, MTC-1, MTC-2, MCR, CM-1, CM-2, GC Class B MA, M1, M2, M3, SU (Extractive industries) Class C PARKING OR STORAGE OF INOPERABLE VEHICLES Change wording to enhance clarity and avoid confusion The wording is confusing, leading the public to think they’re allowed to have one inoperable vehicle on their property indefinitely, but not two. Code Enforcement officers have been applying it as no inoperable vehicles can be on the lot more than 30 days. Intent of amendment is to make the code match our policy. 15.08.090 PARKING OR STORAGE OF INOPERABLE VEHICLES. No more than one (1) vehicle of any kind in inoperable condition not licensed nor legally operable upon roadway shall be stored or parked on any residentially zoned property for more than thirty (30) days unless said vehicle is stored in an enclosed area and hidden from view of surrounding neighbors. On residentially zoned property, unless stored in an enclosed area and hidden from view of surrounding neighbors, it shall be prohibited to store or park a vehicle in inoperable condition, not licensed nor legally operable upon roadway, for more than thirty (30) days. BUILDING HEIGHT DEFINITION Clarify that height is measured from “average finished grade” and include a diagram for ease of calculation 15.02.065 Building height. Building height means the vertical distance from the average finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof. The average finished grade shall be determined by first delineating the smallest square or rectangle that can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle; provided, that the measured elevations do not include berms; This visual provides a good example though it would need to be adjusted so that the measurement is from average finish grade. This visual provides a good explanation of how to measure average finished grade. The following definitions from Kent City Code are not proposed to be changed but may be helpful in understanding this issue: 15.02.515 STORY. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused underfloor space is more than six (6) feet above grade for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above grade at any point, such basement, cellar, or unused underfloor space shall be considered as a story. 15.02.165 GRADE. Grade means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five (5) feet distant from such wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five (5) feet distant from such wall. In case walls are parallel to and within five (5) feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way. RESIDENTIAL BUILDING HEIGHT IN SR-8 AND MR-D Standardize height in similar residential zones 15.04.170 Agricultural and residential zone development standards. • SR-8 height max to be revised to 2.5 story/ 35 feet • MR-D height max for Single-Family to be revised to 2.5 story/ 35 feet • CONSTRUCTION COST INDEX RANGE Tweak the date range of construction cost index changes for which school impact fees are based, to be from August to August to allow enough time to adopt the school district’s CFPs with the city budget 12.13.170 Maximum Allowable Fees. School impact fees provided by this chapter shall be assessed based on the calculation set forth in KCC 12.13.140, unless they exceed a maximum allowable fee as set forth in this section. There shall be an increase in the maximum allowable fee each year by the same percentage as the percentage change in the previous calendar year’s average monthly Engineering News Record (ENR) Seattle Area Construction Cost Index values, relative to the corresponding average monthly ENR Construction Cost Index values for the preceding year, as calculated from August 1st through July 31st. The maximum allowable fee is set at $8,591 for single-family dwelling units and a maximum of $8,755 for multifamily dwelling units for 2019. ECONOMIC & COMMUNITY DEVELOPMENT Kurt Hanson, Director Phone: 253-856-5454 Fax: 253-856-6454 220 Fourth Avenue S. Kent, WA 98032-5895 April 17, 2019 TO: Chair Hintz and Members of the Land Use and Planning Board FROM: Kaelene Nobis, Planner RE: Sign Code Amendment For Meeting of April 22, 2019 SUMMARY: Two recent court rulings pertaining to city regulation of signs have resulted in the need for Kent to update its sign regulations found in KCC 15.06 and KCC 6.07.050. These court cases relate to free speech and establish limitations on cities’ ability to regulate signs based on content. Staff will present an overview of the potential changes at the April 22, 2019 LUPB meeting. BACKGROUND: A content-based restriction is a regulation based upon topic, idea or message. In 2015 the U.S Supreme Court ruled in the case of Reed v. Town of Gilbert that when a municipality regulates the content of signs, those regulations are subject to strict judicial scrutiny, the highest constitutional hurdle, which requires a municipality to show that the content-based restrictions further a compelling governmental interest and are narrowly tailored to that end. Prior to Reed, many cities had sign codes with different regulations for size, location, and duration that were applicable depending on the type of sign (i.e. political signage, ideological signage, non-commercial event signs, etc.). Following Reed, cities could, to a certain extent, no longer distinguish between sign types based on the content. If a sign needed to be read to determine the applicable regulations, those regulations could be found to be an unconstitutional restriction of free speech. Subsequently, the Ninth Circuit Court of Appeals ruling in Contest Promotions v. City and County of San Francisco determined that cities can regulate content-based signs related to commercial signage differently than those related to non-commercial speech. The Court determined that, while non-commercial signs were entitled to the highest level of constitutional protection and regulations of such would be reviewed under the “strict scrutiny” test, commercial signs will receive less protection and regulations of such will be reviewed under “intermediate scrutiny.” The Contest Promotions allows cities within the Ninth Circuit to distinguish between rules for commercial and non-commercial signage for the purpose of furthering a substantial government interest. Planning and Legal staff are reviewing the existing sign code regulations found in KCC 15.06 and KCC 6.07.050 for compliance with these court cases. Some minor inconsistencies have been identified relating to conformance with the findings of both court cases; thereby making Kent’s sign regulations at risk to potential legal challenges if applied as currently written. Staff is working on identifying all possible challenges to the code and subsequent amendments that may decrease the risk for legal challenge. Once all issues are identified, MOTION: Information Only 2 the proposed corrections would be to regulate based only upon size, location, duration, material, and commercial vs non-commercial. Staff will be available at the April 22, 2019 meeting to provide information and answer questions. Staff will bring proposed amendments back to the LUPB at a hearing in the fall. EXHIBITS: PowerPoint, Sign Analysis BUDGET IMPACTS: None CC: Kurt Hanson, Economic & Community Development Director Erin George, Current Planning Manager City of Kent Sign Code Amendment LUPB Information Only Kaelene Nobis, Planner knobis@kentwa.gov Adam Long, Assistant City Attorney Along@kentwa.gov Overview •Reed V. Town of Gilbert -Synopsis •Subsequent Case law-Contest Promotions v. City and County of San Francisco •Content Neutrality-What is it? •Implications for City of Kent Sign Code & areas of opportunity •Questions Reed V. Gilbert 2015 Court Case between a small Church and the Town of Gilbert. •The Church used temporary directional signs to guide people to services •There were different regulations in place for Non-political, non- ideological, non-commercial “Qualifying Event” signs: Allowed up to 12 hours before and one hour after the event than for similar temporary signs noted as “Political temporary signs”: Allowed up to 60 days before and 15 days after elections Majority opinion: “Government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed.” If a sign regulation, on its face, is content based, its purpose does not matter. Homeowners Assn signs (80 sq. ft.) Political signs (nonresidential zone) (32 sq. ft.) Qualifying Event signs (6. sq. ft.) Ideological signs (20 sq. ft.) Contest Promotions Subsequent 2017 Court Case in the 9th Circuit •Clarified that cities may use content-based regulations related to commercial signage if regulations satisfy intermediate scrutiny. •If lawful and not misleading •Substantial Government interest •Regulation Directly advances government interest •Regulation is not more extensive than necessary to serve interest *Interest in traffic safety and aesthetics are generally substantial interests •Non-commercial signage can be regulated based on content under strict scrutiny •Compelling Government interest •Narrowly tailored Content Neutral What can be regulated •Size •Location •Material •Duration •Lighted vs. Unlighted •Private Vs Pubic •Commercial Vs Residential •On-premise vs Off-Premise City of Kent Staff is reviewing code to be in compliance. KCC 15.06 and KCC 6.07.050 refer to some items that are not content neutral. Possible areas of interest to revise: •Political Campaign Signage mentioned in 6.04.050.A.2 •15.02.445-Definition of political sign •Definition of Temporary sign •Definition of portable sign •Non-political campaign sign •Construction signs •Institutional uses-relocated Questions? Kaelene Nobis, Planner knobis@kentwa.gov (253) 856-5428 Page 1 of 8 Sign code analysis exhibit LUPB-April 22,2019 TITLE 6: Sign analysis 6.07.050 Signs. The following provisions shall apply to the placement of signs on public places: A. Signs may be placed on a public place without a permit only as follows: 1. Portable signs. Portable signs as defined herein may be placed on a public place without a permit upon the following conditions: a. The location of the sign shall not reduce or obstruct pedestrian passage on the sidewalk to less than four (4) feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings and other similar devices and structures. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. b. No portable signs shall be installed or placed upon power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on any railing, bridge, overpass, street, crosswalk, public building, or lawn or open area surrounding any public building. c. No portable sign shall be placed within ten (10) feet of a driveway, wheelchair ramp, crosswalk, or intersection or placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. d. Portable signs shall be installed so that the top of the sign does not exceed an elevation of thirty-six (36) inches higher than the height of the sidewalk, bike path or walkway. Where these improvements do not exist, the thirty-six (36) inch height limitation shall be measured from the highest edge of the street, alley or driveway. e. Portable signs shall be constructed of weather-resistant wood, metal or plastic. Canvas, cardboard and paper signs are prohibited. Page 2 of 8 f. Attachment of paper, plastic, balloons, or cardboard to a sign is not permitted if such attachment extends the approved height or width of the sign. g. Portable signs shall not be weighted down, or otherwise attached to public property in such a way as to resist impact by a traveling vehicle, bicycle or pedestrian. 2. Political campaign signs. Political campaign signs may be placed on a public place without a permit; except, however, no sign shall be placed or situated on a public place in such a way as to constitute a threat to the health, safety and welfare of the public or interfere with the use of the public place. Owners of political campaign signs shall be responsible for their post-election removal within seven (7) days following the date of the election for which the campaign signs were displayed. For general and primary elections, it is a rebuttable presumption that the post- election period extends to January 1st of the year of said election(s). 3. Banners. Banners may be placed on a public place only by permit pursuant to the provisions of this chapter. 4. Other. All other signs are prohibited on public places for private purposes and on any equipment, facilities and structures located upon public places, including, but not limited to, power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, railings, bridges, overpasses, and public buildings. 5. Removal. Owners of signs and banners displayed for temporary events shall be responsible for their removal within seven (7) days following the last date of the event or the activity for which the signs were displayed. TITLE 15: Sign Analysis 15.06.030 Prohibited signs. The following signs are prohibited in all districts within the municipal boundaries of the city, except as specifically allowed as temporary signs: A. Banners, streamers, pennants, and balloons. B. Any sign using the words “stop,” “look,” or “danger,” or any other word, symbol, or character which might confuse traffic or detract from any legal traffic control devices. Commented [NK1]: Possibly not complaint with Reed V Gilbert Commented [NK2]: Possible Problematic Definition of Temporary Signs: “Temporary sign” means a sign intended to advertise community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis. Page 3 of 8 C. Stationary motor vehicles, trailers, and related devices used to circumvent the intent of this chapter. D. Signs which are pasted or attached to utility poles, trees, fences, or other signs, or to rocks or natural features. E. Signs within seventy-five (75) feet of the public right-of-way which are animated, revolving more than eight (8) revolutions per minute, blinking or flashing, except public service signs such as those which give the time, temperature, and humidity. F. Roof signs. G. All lighted signs which are adjacent to and directed toward a residential district and which detract from the welfare of the residential district. H. Portable signs, except temporary signs as permitted under KCC 15.06.040(Q). 15.06.040 General restrictions and limitations for all districts. A. Signs in street right-of-way or future street right-of-way. No sign shall be located in or project into the present or future right-of-way of any public street unless such location or projection is specifically authorized by other provisions of this section. B. Signs interfering with sight distance. No sign shall be so designed or constructed as to interfere with the sight distance of motorists proceeding on or approaching adjacent streets, alleys, driveways, or parking areas, or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways. C. Signs over driveways. No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than fifteen (15) feet above the surface of the driveway. D. Signs over public sidewalks and pedestrian ways. No sign suspended over or projecting into the area above a public sidewalk or pedestrian way shall be situated at a height of less than eight and one-half (8 1/2) feet above the surface of the sidewalk or pedestrian way, and no sign may project more than seventy-five (75) percent of the distance between the property line and the curbline except for signs attached to the underside of a canopy or other architectural projection. E. Directional signs. Directional signs and signs indicating entrances, exits, service areas and parking areas shall be excluded from the sign provisions of this title, and may be erected on private property upon approval of Commented [NK3]: Portable signs are defined in chapter 6, but not in this code. Page 4 of 8 the building director, traffic engineer, and planning director. These signs shall not contain advertising or promotional information, and may be restricted in size. F. Removal of signs on closure of business. Upon the closure and vacation of business or activity, the owner of the business or activity shall have one hundred twenty (120) days from the date of closure to remove all signs related to the business or activity. G. Window signs. Window signs shall be considered as a sign and computed as part of the aggregate sign area and number of signs. Any painted-over window shall be considered as a wall. The following signs, if used in the specified manner, are not computed as part of the aggregate sign area and do not require a permit: 1. Decals indicating credit cards honored. 2. Banners or posters on the inside of windows. Such signs may be used in conjunction with national advertising programs, or as weekly marketing specials, or as decorations customary for special holidays. H. Painted signs. Signs painted on exterior wall, window, or structure of any kind shall be computed as part of the aggregate sign area and number of signs. I. Barber poles. In addition to any other signs authorized by the provisions of this chapter, any barbershop shall be entitled to display a barber pole. The design of the pole and its location and manner of erection shall be subject to the approval of the building director. J. Credit card signs. Signs indicating credit cards honored may be displayed in window areas only. Such signs are not computed as part of the aggregate sign area and do not require a permit. K. Institutional signs. For churches, schools, hospitals, public facilities and institutional uses, one (1) double- faced freestanding or wall identification sign is permitted for each street frontage. The sign may have an aggregate area of one (1) square foot for each ten (10) lineal feet of street frontage. However, each use is guaranteed a minimum sign area of twelve (12) square feet per display face regardless of street frontage. The sign may be illuminated. Freestanding symbols of sculpture used as identification may be permitted with the approval of the planning department. Wall signs, lettering, or symbols may also be approved by the planning department. L. Gate or entrance sign. Gate or entrance signs may be permitted, and may be located in public rights-of-way, if approved by the planning department. Commented [NK4]: Possibly not complaint with Reed V Gilbert. Commented [NK5]: Sign section IS compliant, but possible relocation to be regulated by zone. Page 5 of 8 M. Community bulletin board. Subdivisions and residential communities may be allowed to erect a permanent structure as a community bulletin board if approved by the building and planning directors. N. Business hours signs. Signs stating business hours shall be excluded from the provisions of this title, and may be erected upon private property upon the approval of the building director and planning director. These signs shall not contain advertising or promotional information. Maximum number permitted shall be one (1) per entrance, with a maximum size of four (4) square feet. O. Public service signs. Nonadvertising or nonpromotional signs may be erected as a public service to the community by public service clubs or other nonprofit organizations. Such signs may be located in any zone upon approval by the building and planning directors. P. Real estate signs. Real estate signs are permitted as follows. No sign permit is required. 1. Residential uses. a. Single-family dwellings and duplexes. One (1) real estate sign shall be permitted for each street frontage of a lot. The sign may have two (2) faces, shall not exceed a height of five (5) feet above the surface of the street unless placed in a window, shall not exceed an area of four (4) square feet per face, and shall be unlighted. b. Multiple-family dwellings. One (1) real estate sign shall be permitted for each street frontage of a development. The sign shall not exceed an area of twelve (12) square feet, shall be attached flat against a principal building, shall not project above the eave of the roof or the top of the parapet of the building, and shall be unlighted. 2. Commercial and industrial uses. One (1) real estate sign shall be permitted for each public entrance, but there shall not be more than four (4) signs per lot. The sign shall not exceed an area of eight (8) square feet, shall be attached flat against the building or freestanding, shall not project above the eave of the roof or the top of the parapet of the building, and shall be unlighted. 3. Unimproved acreage. One (1) real estate sign shall be permitted for each lot. The sign shall not exceed an area of one-fourth (1/4) square foot for each foot of lot frontage and shall not in any event exceed fifty (50) square feet. The sign shall not exceed a height of ten (10) feet above the surface of the nearest street, and shall be unlighted. Page 6 of 8 Q. Temporary signs. Temporary signs may be authorized by the planning department for a time period specified for each type of temporary sign. 1. Temporary subdivision or apartment signs. A temporary real estate sign declaring a group of lots, dwellings, or occupancies within a subdivision or apartment complex for sale or rent shall be permitted subject to the following conditions: a. One (1) such sign shall be permitted for each street frontage of the premises being sold or leased. The sign shall be located on the premises being sold or leased. b. The area of such signs shall not exceed an area of twenty-five (25) square feet each. c. The signs shall not exceed a height of ten (10) feet above the level of the street. d. The signs shall be unlighted. e. The signs shall not interfere with the sight distance of pedestrians and motorists proceeding on or approaching adjacent streets. f. The signs may remain as long as the project remains unsold or unleased, or for one (1) year, whichever period shall be lesser; provided, however, that the planning director shall have the authority to extend the time period one (1) year. 2. Nonpolitical campaign signs. Temporary nonpolitical signs announcing a campaign, drive, or event of a civic, philanthropic, educational, or religious organization may be allowed upon any lot. Such signs may be posted thirty (30) days prior to the event, drive, campaign, etc. All such signs shall be collectively subject to the fifty dollar ($50) deposit. Such signs shall be removed within seven (7) days after the event, drive, campaign, etc. 3. Construction signs. One (1) sign identifying a project under construction shall be permitted for each street frontage of the building or structure under construction. The sign may contain the name of the building contractor and his subcontractors, the architect, and the engineer. The sign shall be permitted during the period of construction, and shall not exceed a total of fifty (50) square feet for all faces. 4. Grand openings and special events signs. Special permits may be issued by the planning department for a period not to exceed thirty (30) days for banners, streamers, and temporary or portable signs for Commented [NK6]: Definition Problematic as noted above. Commented [NK7]: Possibly not complaint with Reed V Gilbert. Review of this section Commented [NK8]: Possibly not complaint with Reed V Gilbert. Review of this verbiage Commented [NK9]: Possibly not complaint with Reed V Gilbert. Review of this component Page 7 of 8 special events such as carnivals, outdoor affairs and sales, grand openings, and events of a similar nature. 15.06.080 Administrative procedures. A. Permits. 1. To ensure compliance with the regulations of this chapter, a permit shall be required for all signs hereafter installed or altered within the corporate boundaries of the city, except those signs enumerated in subsection (A)(2) of this section. No sign shall be erected, installed, applied, affixed, altered, or relocated without a permit from the building department and the planning department. The sign permit shall certify that the sign, as represented by plans, drawings, or statements, is in conformance with the regulations of this chapter. 2. The following signs must conform with the regulations of this chapter but may be erected, installed, affixed, altered, or relocated without a sign permit: a. For sale, lease, or rent signs. b. Farm signs. c. Residential signs for single-family dwellings. 3. The following information must be provided as part of the application for a sign permit: a. Name, address, and phone number of the applicant. b. Name and address of the activity for which the sign is intended and parcel number of land on which it is to be placed. c. Three (3) copies of a dimensional drawing showing the type of sign as designated in this chapter, and, if lighted, the method of illumination, and the height of the sign. d. Four (4) copies of a dimensional plot plan, accurate as to scale, showing all structures, the abutting right-of-way line of each street, and location of proposed sign and each existing sign on the property. Commented [NK10]: Some types of signage exempt from permit while other temporary signs require permits above. Review. Page 8 of 8 e. If the sign is a wall sign, four (4) copies of an elevation of the building facade. This elevation shall be fully dimensional and accurate as to scale. It shall show the proposed sign and each existing sign. f. One (1) or more photographs (snapshots are adequate) showing the location of the proposed sign and its relationship to the remainder of the property. g. A minimum of two (2) copies of a plot plan showing the location of the proposed sign with computations, diagrams, and other data sufficient to show proper structural stability of the installation. B. Fees and deposits. Fees shall be governed by the fee schedule contained in the building code adopted by the city. C. The planning director shall make the final decision on a sign permit application submitted pursuant to this chapter. Any appeal from the final decision of the planning director shall be to the hearing examiner pursuant to the requirements of Chapter 2.32 KCC and the appeal provisions of Chapter 12.01 KCC. D. Abatement of illegal signs. Any sign that violates the provisions of this chapter shall be deemed a public nuisance and shall be in lien against the property on which the sign was maintained and a personal obligation against the property owner. The property owner shall first be served with a notice to abate the nuisance, except in the case of portable signs. Illegal portable signs may be immediately removed by the city, and the owner shall be given notice that the sign will be destroyed if not claimed within ten (10) days. Appeal of the abatement notice may be made to the hearing examiner. If, after such a hearing, the hearing examiner orders agents of the city to remove the nuisance, they shall have authority to enter upon private property to remove the nuisance. Definitions to be deleted or changed in 15.02 15.02.445 Sign, political. Political sign means a sign advertising a candidate for political office or a measure scheduled for election. 15.02.475 Sign, temporary. Temporary sign means a sign intended to advertise community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis. Commented [NK11]: Not complaint with Reed V Gilbert. To be Reviewed. Commented [NK12]: Not complaint with Reed V Gilbert. To be Reviewed.